Anti-plastic restrictive measures applied to plastic products - Law and practice

Plastic is a material with many qualities, yet it is unpopular. During the COVID-19 pandemic in 2020, the hygienic nature of plastic was highlighted, but it remains a highly unpopular material from an environmental perspective, particularly due to the presence of microplastic particles in all the world's seas.

In the 20th century, Europe took a preventive approach by reducing the weight and number of plastic packaging items and encouraging recycling. In the 21st century, the paradigm has shifted and the fight against plastic has become global. From China to the United States, Chile to Kenya, countries around the world are implementing policies under the auspices of the World Trade Organization (WTO) to reduce or even ban certain plastic products. The European Union is no exception with its regulation of December 19, 2024, known as PPWR (Packaging and Packaging Waste Regulation), which repeals the historic Directive 94/62 of 1994 and defines the EU's policy on plastic for the next 20 years, complementing the Directive of June 5, 2019, known as SUP (Single-Use Plastic).

France had taken a step ahead with the AGEC (Anti-Waste and Circular Economy) law of 2020, which faithfully transposed the 2019 SUP directive aimed at combating single-use plastic products and was a precursor to the major European PPWR law. Between 2020 and 2040, Member States will drastically reduce the use of plastic bags, ban a number of single-use plastic products, and ban non-recyclable packaging.

Identifying the products affected by anti-plastic measures amounts to compiling a list à la Prévert, which includes banned products such as lightweight plastic bags (less than 50 microns thick) unless they are compostable, as well as straws, cups, plates, cutlery, and stirrers if they are made entirely of plastic, as well as polystyrene food containers and fast food cups. Also banned are reheating dishes made of plastic materials, oxo-degradable plastics, and microbeads in cosmetics. Similarly, free water in plastic bottles must no longer be offered in establishments open to the public and in businesses.

Due to the principle of free trade within the European single market, restrictions on the use of plastic and bans are exceptional measures. Anything that is not expressly prohibited remains authorized. R&D therefore remains essential in order to find alternative solutions, particularly for "home compostable" products outside industrial units, and to invent reusable and recyclable plastic packaging at the end of its life so that France can meet the targets set by the European Union. Our country has delegated the implementation of the necessary measures to eco-organizations.

Some products are exempt from the ban because even...